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21 U.S.C. § 1115 — Notice relating to the control of dangerous drugs
Federal law — U.S. Code and appendices · legal_authorities
Whenever the Attorney General determines that there is evidence that—
(1) a drug or other substance, which is not a controlled substance (as defined in [section 802(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)), has a potential for abuse, or
(2) a controlled substance should be transferred or removed from a schedule under [section 812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim),
he shall, prior to initiating any proceeding under [section 811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section811/a&num=0&edition=prelim), give the President timely notice of such determination. Information forwarded to the Attorney General pursuant to [section 811(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section811/f&num=0&edition=prelim) shall also be forwarded by the Secretary of Health and Human Services to the President.
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Stable record: federal_law:legal_authorities:record_usc_460201ab9335b00ae1541114
Source file: Laws/federal/codes/united-states-code/title-21/section-1115-notice-relating-to-the-control-of-dangerous-drugs--1bc501924d.md
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Passage SHA-256: 3189541044283addf8091154b8a459f33d49e143348be59532f0e69756871613
Source location: Title 21, Chapter 16, § 1115; chapter-016-drug-abuse-prevention-treatment-and-rehabilitation.md
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Whenever the Attorney General determines that there is evidence that—
(1) a drug or other substance, which is not a controlled substance (as defined in [section 802(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802/6&num=0&edition=prelim)), has a potential for abuse, or
(2) a controlled substance should be transferred or removed from a schedule under [section 812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section812&num=0&edition=prelim),
he shall, prior to initiating any proceeding under [section 811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section811/a&num=0&edition=prelim), give the President timely notice of such determination. Information forwarded to the Attorney General pursuant to [section 811(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section811/f&num=0&edition=prelim) shall also be forwarded by the Secretary of Health and Human Services to the President.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There are established five schedules of controlled substances, to be known as schedules I, II, III, IV, and V. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be updated and republished on a semiannual basis during the two-year period beginning one year after October 27, 1970, and shall be updated and republished on an annual basis thereafter.11 See Amendment of Schedules of Controlled Substances note below.
**(b) Placement on schedules; findings required** Except where control is required by United States obligations under an international treaty, convention, or protocol, in effect on October 27, 1970, and except in the case of an immediate precursor, a drug or other substance may not be placed in any schedule unless the findings required for such schedule are made with respect to such drug or other substance. The findings required for each of the schedules are as follows:
(1) **Schedule I.—**
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has no currently accepted medical use in treatment in the United States.
(C) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
(2) **Schedule II.—**
(A) The drug or other substance has a high potential for abuse.
(B) The drug or other substance has a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions.
(C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.
(3) **Schedule III.—**
(A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 812
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1118, Pub. L. 92–255, title II, § 208, as added Pub. L. 94–237, § 4(b), Mar. 19, 1976, 90 Stat. 243, which related to giving of notice to Director prior to initiation of a section 811(a) proceeding, was omitted in the general revision of title II of Pub. L. 92–255 by Pub. L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1309. See [section 1115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1115&num=0&edition=prelim).
A prior section 1118, Pub. L. 92–255, title II, § 208, Mar. 21, 1972, 86 Stat. 68, which provided for acceptance of uncompensated services by Director, was repealed by Pub. L. 92–255, title I, § 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.
Section 1119, Pub. L. 92–255, title II, § 210, as added Pub. L. 94–237, § 4(b), Mar. 19, 1976, 90 Stat. 243, which related to effect of this subchapter on statutory requirements and authorities, was omitted in the general revision of title II of Pub. L. 92–255 by Pub. L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1309. See [section 1116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1116&num=0&edition=prelim).
A prior section 1119, Pub. L. 92–255, title II, § 209, Mar. 21, 1972, 86 Stat. 68, which provided for notice by Attorney General to Director with respect to control of dangerous drugs, was repealed by Pub. L. 92–255, title I, § 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.
A prior section 210 of Pub. L. 92–255, title II, Mar. 21, 1972, 86 Stat. 69, which provided for authority of Director to make grants and enter into contract, was repealed by Pub. L. 92–255, title I, § 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.
Section 1120, Pub. L. 92–255, title II, § 211, as added Pub
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1118 to 1120
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1501, Pub. L. 100–690, title I, § 1002, Nov. 18, 1988, 102 Stat. 4181, established Office of National Drug Control Policy in Executive Office of President. See [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1702&num=0&edition=prelim).
Section 1502, Pub. L. 100–690, title I, § 1003, Nov. 18, 1988, 102 Stat. 4182; Pub. L. 103–322, title IX, §§ 90201, 90202, 90207, Sept. 13, 1994, 108 Stat. 1990, 1991, 1995, related to appointment and duties of Director, Deputy Directors, and Associate Director of Office of National Drug Control Policy. See [section 1703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1703&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Sept. 30, 1997, see section 1009 of Pub. L. 100–690, as amended, which was formerly classified to [section 1506 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section1506&num=0&edition=prelim).
#### Short Title of 1997 Amendment
Pub. L. 105–20, § 1, June 27, 1997, 111 Stat. 224, provided that: “This Act [enacting subchapter II of this chapter and amending former sections 1504, 1506 to 1508 of this title, [section 2291 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2291&num=0&edition=prelim), Foreign Relations and Intercourse, and provisions set out as notes under this section] may be cited as the ‘Drug-Free Communities Act of 1997’.”
#### Short Title
Pub. L. 100–690, § 1, Nov. 18, 1988, 102 Stat. 4181, provided that: “This Act [see Tables for classification] may be cited as the ‘Anti-Drug Abuse Act of 1988’.”
Pub. L. 100–690, title I, § 1001, Nov. 18, 1988, 102 Stat. 4181, provided that: “Thi
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1501, 1502
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Federal law — U.S. Code and appendices · legal_authorities
Page 928
TITLE 21—FOOD AND DRUGS
§ 1115
92–255, title I, § 104, Mar. 21, 1972, 86 Stat. 67, eff. June
30, 1975.
Section 1114, Pub. L. 92–255, title II, § 204, as added
Pub. L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1310, related to
acceptance of uncompensated services.
A prior section 1114, Pub. L. 92–255, title II, § 204, as
added Pub. L. 94–237, § 4(b), Mar. 19, 1976, 90 Stat. 242,
which provided for the delegation of functions by the
Director of the Office of Drug Abuse Policy, was omit-
ted in the general revision of this subchapter by Pub.
L. 96–181, § 4, Jan. 2, 1980, 93 Stat. 1309.
Another prior section 1114, Pub. L. 92–255, title II,
§ 204, Mar. 21, 1972, 86 Stat. 68, which provided for the
appointment of six Assistant Directors, was repealed by
Pub. L. 92–255, title I, § 104, Mar. 21, 1972, 86 Stat. 67, eff.
June 30, 1975.
Provisions similar to this section were contained in
section 1117 of this title prior to the general revision of
this subchapter by Pub. L. 96–181, § 4, Jan. 2, 1980, 93
Stat. 1309.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 21, 1989, see section 1012 of Pub.
L. 100–690.
Executive Documents
EXECUTIVE ORDER NO. 12368
Ex. Ord. No. 12368, June 24, 1982, 47 F.R. 27843, as
amended by Ex. Ord. No. 12590, Mar. 26, 1987, 52 F.R.
10021, related to assignment of drug abuse policy func-
tions.
§ 1115. Notice relating to the control of dan-
gerous drugs
Whenever the Attorney General determines
that there is evidence that—
(1) a drug or other substance, which is not a
controlled substance (as defined in section
802(6) of this title), has a potential for abuse,
or
(2) a controlled substance should be trans-
ferred or removed from a schedule under sec-
tion 812 of this title,
he shall,
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1115
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